Physical Therapist Accused of Abusing Disabled Children in Rehabilitation Admits Charges in Second Trial, Receives Reduced Sentence

A physical therapist in his 30s, who was prosecuted for molesting a disabled child undergoing rehabilitation therapy, changed his stance in the appellate trial and admitted to the charges, resulting in a reduced sentence.

According to the legal community on the 16th, the Seoul High Court Criminal Division 9 (Presiding Judge Jeon Ji-won) sentenced physical therapist A (39, male), who was indicted on charges including violation of the Sexual Violence Punishment Act (forcible molestation of a disabled person), to 1 year and 6 months in prison with a 3-year probation. He was also ordered to be banned from employment at child and disability-related institutions for 5 years. The probation order requested by the prosecution, citing a "risk of reoffending," was also dismissed, as the court found "it is unlikely that the defendant would commit another sexual violence crime," consistent with the first trial.

The court stated, "The defendant has still not been forgiven by the victim, and the victim is suffering from aftereffects due to the shock at the time and is pleading for severe punishment." However, the court also noted, "The defendant admitted to all the crimes and is reflecting during the appellate trial," and cited the fact that A deposited 20 million won in escrow as a reason for mitigation.

Criminal escrow is a system where a defendant who has not reached a settlement with the victim deposits money with the court. Even if the victim does not claim the escrowed money, it can influence the sentence as it indicates the defendant’s willingness to settle.

Earlier, in August 2020, A was prosecuted on charges of pulling a disabled child’s hand to a specific part of his own body while conducting rehabilitation therapy at a welfare center’s treatment room, asking if the child had experience with a boyfriend.

Initially, A’s side completely denied the charges, arguing that "if the victim had actually been molested, they could have asked for help from their family waiting outside the treatment room, but they did not."

In the first trial, A was sentenced to 1 year and 6 months in prison. The first trial court stated, "Due to the nature of sexual violence, the victim may have had difficulty making clear judgments and responses at the time, especially since it happened suddenly," and added, "The victim said, ‘It was the first time experiencing such a situation, so I was too shocked to do anything,’ and continuing the treatment afterward does not seem to contradict common experience."

Both the prosecution and A appealed the first trial verdict. Although A was not detained in court due to 'no flight risk' despite the prison sentence in the first trial, he admitted to all charges during the appellate trial.

This content was produced with the assistance of AI translation services.